Supreme Court of India · 2005-10-20
Union Of India & Ors vs Ghulam Mohd. Bhat
- Citation / case number
- AIR 2005 SUPREME COURT 4289
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- Ghulam Mohd. Bhat
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Ar. Lakshmanan
Judgment text excerpt
The Supreme Court held that the Jammu and Kashmir High Court erred in quashing the order of removal from service under Section 11(1) of the Central Reserve Police Force Act, 1949, read with Rule 27 of the Central Reserve Police Rules, 1955. The Court clarified that Section 11(1) allows for removal from service as a punishment for misconduct, including overstay beyond sanctioned leave. The Court reinstated the order of removal, emphasizing that the High Court's interpretation of Section 10(m) as limiting punishments to minor penalties was incorrect.